Here is an update on recent en banc activity at the Federal Circuit in patent cases. Highlights include a new petition presenting questions related to means-plus-function claims and a denial of a petition presenting a question related to appellate jurisdiction. Here are the details.
New Petition
Since our last update, a new petition was filed in XR Communications, LLC v. Arris Solutions, Inc. In this case, XR Communications asked the en banc court to review the following questions:
- 1. “Whether means-plus-function treatment applies to a claim term that (a) does not recite ‘means,’ (b) is not a nonce term, and (c) is a known term in the art as a name for structure.”
- 2. “Whether the presumption against means-plus-function treatment can be overcome because the function for the known structure recited in the claim may not be a previously known function performed by that structure.”
- 3. “Whether the presumption against means-plus-function treatment is always overcome unless there is evidence a POSITA would know how the recited structure can perform its corresponding function.”
Denial
Since our last update, the Federal Circuit has denied the petition in Vroom, Inc. v. Sidekick Technology, LLC, a case presenting a question related to appellate jurisdiction.